460 IAC 2-4-31 - Business enterprise program facility equipment and inventory

Authority: IC 12-9-2-3

Affected: IC 12-12-5; 20 U.S.C. 107

Sec. 31.

(a) Requirements concerning inventory and equipment are as follows:

(1) Start-up product inventory purchased by the state licensing agency as part of the vocational rehabilitation plan is the property of the licensed manager.

(2) The state is the owner of the BEP facility equipment purchased by the state licensing agency for BEP facilities under 20 U.S.C. 107b and 34 CFR 395.4.

(3) The use of BEP equipment is limited to the purposes designated by the state licensing agency for the BEP.

(b) Requirements for the repair of facility equipment are as follows:

(1) A licensed manager:

(A) is responsible for the periodic maintenance and repair of equipment furnished by the state licensing agency; and

(B) shall provide the care necessary to maintain the equipment in good working order and repair.

(2) A licensed manager who fails to maintain the BEP facility and equipment in good repair will be subject to disciplinary action.

(3) The state licensing agency shall give written notice to a licensed manager to perform or to make arrangements for necessary maintenance or repairs within a specific, reasonable period of time. If the manager does not comply with the notice, the state licensing agency shall make arrangements for necessary maintenance or repairs.

(4) If the state licensing agency has arranged for necessary maintenance or repairs under subdivision (3), the licensed manager shall reimburse the state for the costs thereof within:

(A) thirty (30) days of the manager's receipt of the bill; or

(B) a longer time period agreed to by the:

(i) licensed manager; and

(ii) state licensing agency.

(c) Requirements for the replacement of facility equipment are as follows:

(1) The state licensing agency will replace:

(A) worn out;

(B) severely damaged; or

(C) obsolete;

equipment in a BEP facility, subject to the requirements of subdivision (2).

(2) Replacement of equipment described in subdivision (1) will be based on consideration of all of the following criteria:

(A) The need for equipment replacement as determined by the state licensing agency.

(B) If requested, the manager's providing the state licensing agency with written documentation of the need for equipment replacement.

(C) A request from the custodial authority of the BEP facility.

(D) The approval of the custodial authority of the BEP facility if the equipment is not listed among the equipment allowed under the:

(i) permit for the facility; or

(ii) contract between the state licensing agency and the custodial authority.

(E) The availability of funding.

Notes

460 IAC 2-4-31

Division of Disability and Rehabilitative Services; 460 IAC 2-4-31; filed Aug 23, 2001, 2:30 p.m.: 25 IR 76; filed Nov 26, 2007, 10:19 a.m.: 20071226-IR-460070254FRA; readopted filed Nov 30, 2007, 4:47 p.m.: 20071226-IR-460070733RFA; readopted filed Nov 20, 2013, 9:02 a.m.: 20131218-IR-460130457RFA Readopted filed 11/13/2019, 11:55 a.m.: 20191211-IR-460190489RFA